A pet owner whose dogs fouled on a beauty spot in front of a council warden has been fined more than £1,700.

Guildford-based James Duncan failed to pick up the deposits left by his two border collies on Merrow Downs, despite being challenged by the officer.

When he appeared at Guildford Crown Court on Wednesday (December 2), Duncan denied the accusation that he failed to remove dog faeces after his animal defecated.

Prosecutor Ceri Harrison told the court that this offence took place on February 16 after dog warden Peter Burnage and park ranger Nicola King were called to the green space following complaints of animal waste.

Giving evidence in court Mr Burnage said: “At around 10.30am I saw Mr Duncan. He had three dogs with him.

“He set off from the car park heading along the downs.

"He hadn’t gotten too far when one of the dogs sqautted.

“I was on the edge of the car park. I saw faeces falling from the dog.

“Then the dog that was on the lead that stopped the person walking the dog - that dog fouled also.

“I could clearly see what the dogs were doing.”

Mr Burnage told the court that he sounded his horn in a bid to alert Duncan of the offence and then waited until the 45-year-old returned to his car.

The dog warden, who has more than 18 years experience in his field said: “When Mr Duncan came back to his car I introduced myself and told him what I had seen.

“We had a conversation where I told him this was an offence.”

The court heard that a fixed penalty notice of £50 was sent to Duncan, at his Epsom Road address, and he failed to pay it within the two-week time slot.

Another reminder was sent to the dog owner giving him seven days to pay, however this was also ‘ignored’.

A third letter was posted to Duncan inviting him into Guildford Borough Council’s offices to talk about the matter, and again, the council received no reply.

Duncan, who defended himself during the hearing, denied any wrongdoing and told the court that he didn’t pick up any waste because his dog’s didn’t foul.

He said: “I can’t pick up something if there is nothing there.

“The second dog was going for a wee.

“I actually turned around and said I hope they know it’s a wee.

“Maybe I should have pretended to pick up something that wasn’t there.”

Summing up all the evidence and concluding the hearing Judge Robert Fraser said he found Duncan guilty of the offence and said the fact that he didn’t deny his dog’s fouling when he was first confronted helped him to come to his conclusion.

He said: “We are very clear that both wardens, that they did in fact see what they said they saw at that time.

“For those reasons we do find you guilty.”

Duncan was fined £1,725, and was also ordered to pay a £20 victim surcharge.